Friday, July 1, 2011

hi they are taking social security, medicare taxes. while we are not getting any benefit out of it. they must stop taking social. they are taking this taxes based on that they will give us permanent status. now they have delayed process near to impossible for EB-3. Intent of social security and medicare is to support social security benefits, but when they are not granting any of this benefit they should stop taking it from us or should make green card processing faster. they should clarify this situation since they are taking money from us. hetal shah hetalvn@yahoo.com

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Beemar

01-01 03:14 PM

Guys, sorry for starting this alarming thread. But the talk of an imminent indian strike in pakistan was all over the internet. I found so many links where indian govt threatens pakistan with war if it does not mends its ways. Just see for yourself.

Studies have shown that lawmakers often ignore and sometimes do not even receive e-mails ginned up by interest groups. Deluged with thousands of essentially identical electronic messages, congressional offices are constantly trying to make it harder for organizations to blast them out.

Now Neil Hare, a former vice president of communications at the U.S. Chamber of Commerce, has devised a way around the problem. He just started ISupportThisMessage.com, a Web site that solicits citizens' opinions on political and legislative issues and promises to deliver the results -- on paper -- to every lawmaker's office.

Visitors to the site are invited to "vote" on a variety of issues such as child hunger and presidential candidates. The numbers are tallied and comments compiled for later distribution on Capitol Hill.

"This is a reaction to the failure of e-mailing," Hare said. "We will issue regular reports with our numbers and, over time, Hill staffers will be able to log on and see the results themselves." He said that lobby groups can buy their own spaces on the site for far less than full-blown grass-roots campaigns.

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puddonhead

06-26 01:48 PM

If you spend the rest of your life renting, the risk is 100%�you end up with nothing. I will take my chances investing my money in buying a home because its certainly better than losing 100%.

If you buy - and take a mortgate - you end up losing (the same way you "lose" your rent) 1. Interest you pay 2. Property taxes you will pay forever. 3. Maintenance you will pay forever.

On the other hand - if you rent and, A. IF you pay less in rent than #1 + #2 + #3, B. IF you invest the remainder plus your mortgage principal amount in some other investment vehicle with superior investment returns than real estate. .... Then you will come out ahead renting.

The tipping point is whether your rent equals interest + property taxes + maintenance. Based on which side is higher - either renting or buying could be good for you. I don't think there is a clear cut answer. This does not take into account the flexibility associated with renting - which is important for non-GC holders. If you assign a non-zero dollar value of $X with that flexibility, then your rent needs to be interest + tax + maintanance + $X to get to the tipping point. On the other hand, if you are not forced to save (in the form of mortgage principal payment every month) - you may just spend that money instead of investing that. If you assign a dollar value of $Y with that (probability multiplied by actual dollar value) - then the tipping point is at $rent = $interest + $tax + $maintenance + $X(dollar value for flexibility) - $Y(dollar value for probability of spending money instead of saving).

Now as soon as you plug in the numbers in this equation - it will give you your tipping point and will tell you whether it is right for you to rent or to buy.

Think about it. It is not as clear cut as you think it is. :-) Based on your earlier posts - you got an absolutely faboulous deal on your house (maybe because of your timing) and the tipping point equation would probably highly favor buying in your case. For many other (specially for those without a GC) - it may not be so clear cut.

Why do they call it a building? It looks like they're finished. Why isn't it a built?

Why is it when you transport something by car, it's called a shipment, but when you transport something by ship, it's called cargo?

If vegetarians eat vegetables, what do humanitarians eat?

If price and worth mean the same thing, why priceless and worthless are opposites?

Is there another word for synonym?

Is it possible to be totally partial?

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GCNaseeb

08-02 07:34 PM

Thanks for your valuable suggestions UN.

So, do you think it's a better to take a letter from the current employer stating that the position will be available at the time of GC approval, just in case?

Also if I start working on EAD before 180 days, will that cause any problems in getting I-485 approval?

Thanks again. I really appreciate your help.

Once 485 is filed then you are authorized to stay in USA. If you want to work then you can use EAD; if you want to go in/out of USA then you need advance parole.

At the same time you can have h-1b.

Both things allow you to stay here.

Now; once 485 is filed; you do not need to comply with the terms and conditions of your non immigrant status. However; you shouldn't start working with another employer until you have EAD.

Technically; you could sit at home and do nothing; as long as you have intent to work with the employer until 485 is pending for more then six months and employer doesn't pull the plug before 180 days then you would be fine.

You could try to convert the h-1b to part time or transfer to another company.

I only know of one case where person was doing future base employment and invoked ac21 at his local office interview (law says you can do this) and stated he was going to work with someone else.

USCIS adjudicator asked for a letter from the company that they had intent to hire him up until the 485 had been pending for more then six months. Company would not give the letter and his case was denied.

Assuming your husband is here from 2000, they are asking for 7 years, i.e. 12 * 7 = 84 months of paystubs? This is ridiculous. How many people keep paystubs from 7 years ago? Infact in those days paystubs used to have their social security numbers on them, they should be shredded, atleast that's the common advice.

pls dont give wrong info..

paystubs..W2's, tax returns r the most imp documents..especially for souls like us with employment based immigration..

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snathan

01-06 09:18 PM

Israel is doing this for their safty. They are a soverign country and attacking the terrorist. Hamas don't want cease fire, then why they expect mercy. If they don't want to stop the war, then why other people raise their voice. Mind your business. They are not occupy any body's land. They live there from thousand of years, which God given to them. When they not recognize the saviour and cruxified, God's wrath fall upon them and they are disperesed. But to fulfil the Holy Bible prophesy, they regain the land and living there. No force in earth to distroy them. They are surrounded by hostile nations. Still they are surviving. These Arabs during and after the time of Mohammed tried to conquer the lands, and they occupy the land of Jews. They occupy the Constanople, where the biggest church situated, and they anexed to ottaman empire, now Turkey. They slaughtered everybody in that city. They did it in Syria, Egypt in AD1100. They distroy their culture, language etc. They cut the tongue, if anybody speaks the local language Syric in Syria and Coptic in Egypt. You can ask the minority people from these countries or read history. Barbarian Arabs conqured Indian subcontinent and convert the people by force. So Islam is not a religion of peace. It started with violence and end with violence. Every religion, religous people will be pious, but in Islam, they become terrorist. Satan is controlling these people. Sorry to say that. But it is true. In the last days, God punish these evil people. May all wiped out.

See this web site for more detailshttp://www.faithfreedom.org/Articles.htm

Their ideology is kill th kafir (non-beleivers). thats where all the problems started.

1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV

2) USCIS memos/interpretations/policies (can also be found on uscis)

3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations

4) monitor the forums and see postings

5) immigration portal used to have links or summaries to AILA liaision minutes with service centers

6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases

7) go to dol.gov and look for foreign labor certification; there are FAQ's on perm labors and h-1b

8) go to uscis.gov and read the INA and CFR's

--------------------------------------------------------------

If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.

All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.

I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.

Finally; don't do what you think is right or "gut feeling"...

Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.

Thanks

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Pagal

06-20 03:45 PM

Hello Hiralal,

Indeed! But if the individual 'affordability' is such that you can pay the monthly payments even after moving out of US due to job loss/485 denial, and if the purchase lowers your tax bill, then it may make more sense to buy the house...

Personally, I've always had intentions of buying real estate in US, EU and India.... have it in India, considering it in US and exploring how to buy it in EU... :) Wish had much more 'cash'... :D

As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

first i'll tell a brief story.

I am a chain smoker. my brother is a ph.d who researches cancer. He told me I would die one day of cancer (thanked him for that advice). I told him that you gotta die one day.

he is the only person who had this comeback. He said that is what everyone says until they are on their death bed.

now; why is this story relevant? How comfortable are you in arguing this. I remember a long time ago a person had this query; and he responded that he was on medical leave. USCIS came back and asked for verification with medical records. Others tried to get letters from their employers saying they had extended absences, etc. but employers won't give the letters because they think they will be on hook for payment of wages to you if they give such a letter.

It is not an easy thing to overcome or argue as one may think.

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paskal

07-08 05:10 PM

united nations,

welcome back. it would be interesting to hear your views on the whole July VB fiasco and it's aftermath. thanks!

Good one, I missed reading this. This put an end to the debate...You got some green dots from me... Incorrect. Read for yourself.

Sec. 204.5 Petitions for employment-based immigrants.

...

...

(e) Retention of section 203(b)(1) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b1&s_type=all&hash=0-0-0-1509) , (2) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b2&s_type=all&hash=0-0-0-1529) , or (3) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b3&s_type=all&hash=0-0-0-1551) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact204e&s_type=all&hash=0-0-0-1773) or 205 (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7CACT205&s_type=all&hash=0-0-0-185) of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.

____________________________ US Permanent Resident since 2002

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greenguru

04-08 02:17 AM

I was discussing the same with a friend of mine...

what will be done next is ...

Have 49 employees and start a sister concern ( New firm ) after that ..

I think EB3 India may be the unintended beneficiary of the appropriate interpretation of the spill over of visa into retrogressed EB2 countries. I suspect that once EB2 India and China are current, the remaining visas will spill over into EB3. Thay do NOT spill over into EB3 ROW only but will spill over into EB3 as a whole. the reason for this is as both EB3 ROW and EB3 India are retrogressed, both these categories will advance equally as EB2 I and EB2 China are doing currently. I strongly think this will be the likely outcome next year and so EB3 India should see the PD movement approximately the same as EB3 ROW- but this will happen only when EB2 is current and the spill over reaches EB3 (this will likely happen in the final quarter of 2009)

but you are not correct about this. please look it up. The vertical spillover was going to EB3 ROW, had that not been so, EB2 I would not have become U, even though (you are right about that) USCIS was actually allocating a little too fast.

The bottom line is this: before the "system changed" the spillover went to EB3 ROW (country quota more important that category preference) Now with revised interpretation spillover goes first to EB2 retrogressed countries (preference category precedent over country quota- use of soft quota provison from AC21). Either way Eb3 I was last on the totem pole. There would have been no spillover to EB3 I in either situation. I'm not saying this to either to justify it or to argue for it's fairness. Just trying to make a point about the root issues. Therefore, the "change" leaves EB3 I exactly where it was before- which of course is an insane place to be. Frankly, in your place, I would be freaking going out of my mind. But if your only reason for this action is that "change", you have to sit back a moment and understand what the change has doen (or in this case not done) to you. The ONLY way to solve the EB3I problem is increased GC numbers. That is why recapture has been the first and foremost thing we have always pursued. Last time there was a recapture, GC numbers went to every single category. Anyway you look at it, if with a recapture, EB2 became current, every bit of spillover in every quarter would go to EB3. Eventually, there will be more long lasting reform. For now we desperately need the extra numbers in any form or shape.

Just my 2c. not trying to trying to "stop your voice from being heard". One piece of friendly and well meaning advice. Target letters and measures at those that have the power to make the changes you want. Otherwise the effort is pointless from the start.

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satishku_2000

05-16 02:56 PM

I know where Senator Durbin stands on illegal immigration issue , he is totally for amnesty/legalization of illegal/undocumented people in the country. According to him its ok if someone is totally undocumented and stays here but its not ok if someone does consulting and documented and pays taxes while working and waiting for the green card to be approved. Isn't it height of hypocrosy?

Where do people like mbdriver and senthil stand on the issue of legalization/amnesty for illegal/undocumented people in the country? If the legalization were to happen these are the kind of people who complain saying illegal aliens have slowed down our green card petetions. If legalization were to happen processing of every petetion at USCIS will slow down considerably. I will not surprised if 485 takes 4.85 years or 48.5 years or 485 years ...:)

Which one is a bigger problem 12 to 15 million people totally undocumented or perceived misuse of visa petetions by few bad apples.

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learning01

05-17 11:30 AM

gc03:

Go and search for Lou Dobbs in this forum.

This forum is purely for discussing issues related to problems and difficulties of high skilled legal immigrants., affected by inefficiency of backlog centers, LCs and lack of visa numbers, GC issues and the consequent retrogression.

I haven't gone to the link you provided, because I don't need to. Has Mr.Dobbs advocated our issues, our goals anytime in his effort to highlight immigration issues? I don't think so. He does what is convenient for him and for his ratings and viewership.

So, please let's end this discussion here and please refrain from quoting and promoting the foul mouth Lou Dobbs. I hope you will understand. Thanks.

conchshell

08-06 10:09 AM

All monkeys also interfiled and became lions.

This is too funny ... monkeys interfiling and becoming Lions :D:D

unitednations

03-26 08:41 PM

So then lets take an example

1. Company Files H1b from NJ 2. Consultant gets a job in NY or OH or xyz state. Employer files 'amend location' each time. The work and keep on moving like that 3. Time comes up for renewal of H1, if the employer gives the current client's contract in a different location, it will definitely trigger USICS to possibly deny the extension? Since the original H1 petition did not mention this place or since they filed amend its ok? 4. When they file for amend, do they need to give a contract/client letter to justify the amend? If yes then will it trigger an RFE?

According to you anything is possible with USCIS these days.

My original request still stays. I want some advise, I will definitely use an attorney but wanted your opinion on it..

-cheers kris

Every time you amend the petition; it technically would be another h-1b; when you come up for extension (assuming when you amend the petitoin that you are not requesting for more time); you would be extending the latest h-1b that has been approved. You would have been complying with the terms and conditions of that particular h-1b so you shouldn't have any issues.

California service center when adjudicating person B's H-1b asks for payroll reports of all employees. They will cross reference the h-1b's filed for other employees from the list and if they see even one person who has been paid lower then what their h-1b was filed for then they will deny person b's h-1b. California service center is relying on a case precedent that if a petitioner has not complied with a previous petition (even if it is a different persons petition) then they can't rely on their certification in the instant petition and deny it. Funny thing is that when I looked up that case precedent that they continually site; it is a marriage base case when a person tried to file a second petition. Another example of uscis doing what it wants to do.

Now; I think everyone will start to understand why so many companies are cancelling h-1b's; revoking h-1b's for people on bench and generally not filing many h-1b's in this year quota or filing h-1b transfers for people without projects. I wans't too vocal when some members on the forums were trying to gather support for lifting country quotas; contacting media; etc., because I was well aware of what was going on behind the scenes and we are definitely in a defensive mode right now.